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ID087015
Title ProperBedouin judge, the mufti, and the chief Islamic justice
Other Title Informationcompeting legal regimes in the occupied Palestinian territories
LanguageENG
AuthorWelchmen, Lynn
Publication2009.
Summary / Abstract (Note)This article examines competing legal frameworks in dispute resolution in the occupied territories, against the background of weakening central authority, bitter political rivalries, and increasing insecurity on the ground. Two case studies from 2005 are presented-a killing in Gaza and an attempted sexual assault in the West Bank-where the involved parties had recourse to three distinct but overlapping bodies of law, not all of which were part of the formal Palestinian legal system: statutory law, Islamic law, and customary (or tribal) law. The resolution of these cases, while shedding light on the intersection of local politics and alternative legal systems, underscores the challenges of forging a united legal system in a situation of occupation, weak government, and heterogeneous legal heritage.
`In' analytical NoteJournal of Palestine Studies Vol. 38, No. 2; Winter 2009: p.6-23
Journal SourceJournal of Palestine Studies Vol. 38, No. 2; Winter 2009: p.6-23
Key WordsBedouin Judge ;  Mufti ;  Chief Islamic Justice ;  Palestinian Territories ;  Islamic law ;  Gaza ;  Heterogeneous Legal Heritage